Saurav Kumar Alias Sorav Kumar Alias Sourav Kumar Vs the State of Jharkhand

IN THE HIGH COURT OF JHARKHAND AT RANCHI

B.A. No. 5178 of 2024

1.Saurav Kumar @ Sorav Kumar @ Sourav Kumar, aged about 22 years, son of Ganpati Biswas, Resident of Road No. 6, Bagunhatu, Sidhgora, P.O. and P.S. - Sidhgora, Town- Jamshedpur, District- East Singhbhum

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2.Sunny Kacchap @ Sunny Kachhap @Sanny Kachchhap, aged about 19 years, son of Rajesh Kachhap, Resident of D- Block, Neem Bhatta, Near Baal Vikash Sukh Tara School Sidhgora, P.O. and P.S. – Sidhgora, Town- Jamshedpur, District- East Singhbhum. --- --- Petitioners

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Versus

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The State of Jharkhand --- --- Opposite Party

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CORAM: HON’BLE MR. JUSTICE NAVNEET KUMAR For the Petitioners : Mr. Rohan Mazumdar, Advocate For the State : Mr. Pankaj Kumar, P.P. Ms. Sharda Kumari, A.C to P.P.

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04/14.08.2024 Heard learned counsel for the petitioners and the learned assisting counsel to learned P.P. representing the State.

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Petitioners are accused in connection with Sessions Trial Case No. 354 of 2023 arising out of Sidhgora P.S. Case No. 36 of 2023 corresponding to G.R. Case No. 945 of 2023 for the offence registered under Section 363/364/34 IPC and later on Section 302/201 of the IPC was added, pending in the court of learned Additional Sessions JudgeVIII, Jamshedpur.

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It is submitted by learned counsel for the petitioners that the gist of allegations as narrated in the F.I.R is that these two petitioners along with co-accused persons have killed the deceased who was the son of the informant. It is submitted on behalf of the petitioners that no incriminating material has been recovered from the possession of the petitioners and only on the basis of confessional statement of coaccused they have been implicated in this case only on suspicion. It is further submitted that these two petitioners are languishing in custody since 17.03.2023 and trial of this case has also commenced in which three witnesses have been examined including P.W.1 Doli Mahto, who is sister of the deceased and she has stated in her cross examination that her deceased brother was a drug addict. Further, it is stated at para 31 of the bail application that petitioners have no criminal antecedent. It is further submitted on behalf of the petitioners that similarly situated co-accused persons namely Suraj Bagati and Raja @ Raja

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Singh have been enlarged on bail by a co-ordinate Bench of this Court in B.A. No. 1260 of 2024 dated 21.03.2024 and B.A. No. 9029 of 2023 dated 20.12.2023. Therefore, petitioners deserve to be enlarged on bail.

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On the other hand, learned assisting counsel to learned P.P. has opposed the contentions raised by the petitioners and submitted that these two petitioners are directly involved in the commission of offence and the deceased and accused persons were involved in sale and purchase of brown sugar and there was a conflict between them which led to altercation. However, she did not controvert the fact that similarly situated co-accused persons have been enlarged on bail by a co-ordinate Bench of this Court.

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Having heard the parties, perused the record of the case.

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In view of the persuasive submission advanced by the learned counsel for the petitioners, it is found just and proper to enlarge the petitioners on bail.

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Accordingly, the petitioners named above are directed to be released on bail on furnishing of bail bond of Rs.25,000/- (Rupees Twenty Five thousand) with two sureties of the like amount each to the satisfaction of Learned Additional Sessions Judge -VIII, Jamshedpur in connection with Sessions Trial Case No. 354 of 2023 arising out of Sidhgora P.S. Case No. 36 of 2023 corresponding to G.R. Case No. 945 of 2023, subject to the condition that petitioners will cooperate in the criminal proceeding pending in the court below and they will remain present on every and each date of the criminal trial, failing which, appropriate order shall be passed by the learned court below for cancellation of bail.

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(Navneet Kumar, J.)

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A.Mohanty

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Saurav Kumar Alias Sorav Kumar Alias Sourav Kumar v. the State of Jharkhand

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Saurav Kumar Alias Sorav Kumar Alias Sourav Kumar v. the State of Jharkhand

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